Colorado Theater Shooting Judge Orders Records Release

By Andrew Harris -
Oct 17, 2012

University records of James E. Holmes, the man accused of slaying 12 people at an Aurora,
Colorado, movie theater in July, can be released to prosecutors,
the state judge presiding over the murder case ruled.

Judge William Sylvester, in an order made public today,
granted a request by prosecutors to unseal some of Holmes’
University of Colorado records, including parts of the school
registrar’s files, his unofficial transcript and some campus
police files. Holmes attended the school in 2011 and 2012.

“Documents that establish defendant’s expectations when
applying to the University of Colorado could possibly make more
or less probable the fact that defendant had a motive to commit
the crimes charged,” Sylvester said in his 9-page ruling.

Holmes, 24, faces 166 criminal counts including 24 for
first-degree murder and more than 100 for attempted murder for
allegedly opening fire on the audience at a midnight showing of
the film “The Dark Knight Rises” on July 20.

First-degree murder is punishable by death or life in
prison under Colorado law, and multiple counts can be charged
for each death. Holmes hasn’t entered a plea in the case.

Holmes’ lawyers opposed the release of his collegiate
records, arguing that prosecutors were trying “circumvent” his
constitutional protections from unlawful search and seizure and
that their client had a reasonable expectation of privacy for
that information under the state and federal law, according to
the court decision.

Privacy Overridden

In granting access to some school records, Sylvester said
he found the interests of law enforcement overrode federal
education record privacy laws.

Among those documents the judge said neither prosecutors
nor members of the public could see were Holmes’ class schedule,
voice-mail records and a category identified in the ruling only
as a “database note,” which the university asserted might
relate to privileged communications.

While stating that if the university police had a file on
Holmes it was likely relevant to the investigation, Sylvester
said prosecutors wouldn’t be entitled to any communications
between the department and university psychiatrist Lynne Fenton,
who the judge had previously found had a professional
relationship with the defendant.

The case is People v. Holmes, 12-cr-01522, 18th Judicial
District Court, Colorado (Centennial).